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� <br />, ' <br />� . 2�1.�.fl�1�� <br />the exercise by Beneficiary of the faragoi�g zights, including without liznitation costs of evidence of ti61e, court costs, <br />appraisals, surveys and attorney's fees. Any such costs and expenses not paid within ten (10) days of written demand <br />shall draw interest at the default rate providad in the Note. <br />6. EMIN.EN`I' DOMATN. Should the Trust �state, or any part Chereof or interest thercin, he <br />taken or damaged by reason of any public improvement or condemnation proceeding, or in any other maz�z�er zzacludin� <br />deed in lien of Condemu�ation ("Condez�nation"), ar should Trustor receive any notice or other informativn regarding <br />such proceeding, Trustor shall give prompt written notice thereqf to Beneficiary. $enc�ciary shall be entitled tn all <br />compensation, awards and other payments or relief therefor, and shall be entitled at its optian to cammence, appaar in <br />and prasecute in its own �aau�e any action ar proceedings; provided, hovc�ever, any such compensation, awards and other <br />payments aud relief shall be limited to the unpaid principal balance together vc+ith any accrued interest due on. the <br />�roix►issoryNote secured hexeby. Beneficiary s�aall also be entitled to xnake any compromise or settlement in con.nection <br />with such taking or damage. All such cozn.pensation, awards, damages, rights of action and proceeds awaided to Trustor <br />(tlie "Proceeds") are hereby assigned to Beneficiary and Trustar agrees to execute such further assignxxzeuts of khe <br />Proceeds as Beneficiary or Trustee may require. <br />7. FUTUKE ADVANCES. Upon request afTrustor, Beneficiary, atBeneficiary's option, prinr <br />ta reconveyance of Che Froperty to '�'xustor znay raake future advan.aes to 7'rustor. Such futttre advanceS, with intecest <br />thereon, shall be secured by this Deed of Trust when evidenced by promissory notes stating ttiat said notes are secured <br />hereby. <br />8. Al'POTNTMENT OF SUCC�S50R TRUSTEE. Beneficiary may, from time to time, by a <br />written instrument executed and acknowledged by Beneficiary, mailed to Trustor and Recorded in the County in which <br />the Trust Estate is located and by otherwise complying with the provisions of the applicable law of the 5tate of Nebraska <br />substitute a successor or successors ka the Trustee z�amed herein or acting hereunder. , <br />9. SUCCESSORS AND ASSIGrNS. This Deed pf Trust applies ta, inur�s to the benefiC af and <br />binds all parties hereto, their heirs, legatees, divorcees, perspnal representatives, successors and assigns. The term <br />"B�neficiary" Shall mean the owner and holder of the Note, whether or not named as Beneficiary herein. <br />10. INBP�CTZQNS. �eneficiary, or its agents may make reasonable entries upon and inspections <br />of the Pxoperty. Beneficiary shall give Trustor notice at tlie time of or prior to an znspection specifying xeasonable cause <br />for the ix�spectioiz. ' <br />11. TRUSTOR NOT RELEASED; F�RB�ARANGE BY SENEFTCTARY NO'X" A WANER. <br />Extension of the time For payment or modification of arnortization of the suzns secured by this Security Insm.�ment <br />granted by Beneficiary to any successor in interest of Trustor shall not operate to release the liability;of the ariginal <br />Trustor or Trustox's successoz iu interest. Beneficiary shall not ba required Co cammence proceedings against any <br />successor in interest or arefuse to extend tirne fox payment or otherwise madify arnortization of the sums �ecured hy this <br />Security Instrument by reason of any demand made by the original Txustor or Trustor's successors in interest. Any <br />forbearance by Beneficiary izi exercising any right or remedy shall not be a vvaiver of or preclude the exeroise of any night <br />ar remedy. ; <br />12. TRANSFBR OF THE PROPERTY OR A BENEFICIAL TNTEREST IN TRUSTOR. Tf all <br />or any part of the Prnperty or any interest in it is sold ar transferred (or if a beneficial interesc in Tn}stor is sold or <br />transferred and Trustor is not a natural person) without Beneficiary's prior written consent, Beneficiary may, at its option, <br />require immediate payment in full of all sums secured by tkus Security Xnstrument, howevec, this option slaall not be <br />exercised by Beneficiary if exercise is prohibited by federal law as ofthe date af this Security Instrument.' I£Beneficiary <br />exercises this option, Beneficiary shall give Tx notice of acceleration. The noCice shall provide a pe'riod of not less <br />thau 3p days from the date the notice is delivered or mailed within which the Trustor must pay all sums 'secured by this <br />Security InstrumenC. I�T'�rustor fails to pay these suzns prior tn the expiration of this period, Beneficiary may invake any <br />remedies permitted by this Security Instrument without �iu notice or demand on Trustor. , <br />13, fiVENTS OF DEFAiJLT. Any of the following events shall be deemed an event o�default <br />hereunder: <br />a. Trustor shall have failed to make payment of any installment of uiterest, principal, <br />or principal and interest or any other surn secured hereby when due; or <br />b. There has occurred a breach of or default under any term, covenant, agreeuient, <br />cnndition, provision, representation or warranty contained in any af the Loan Instiuments. <br />14. ACCET,FrRATION; REMEDIES. Bene�iciary shall give notice of defaulC to Trustor prior <br />ko accaleration following Trustor's breach of any covenant or agreement in tlus Trust Deed an accordance with the <br />requirements of the Nehraska Trust Deed Act. If the default is not cured on or beforc the datc spaciffed in the notice, <br />Ben��`iciary at its option may require immediate payment in full of all sums secured by this Security �n,sGuxnent without <br />further demand and znay involce the power of sale and exercise all other rights and r�medics permitted by applicable law. <br />`I'rustor shall be entitled to collect all expenses incurred in pursuizig Che remedies provided in this paragrapkx, including, <br />but not laznited to, reasonable att4mey's fees and costs of title evidence. Zf power of sale is invoked, Trustee shall $ive <br />public notice af sale to the persons and in the manner prescribed 6y applicable law. Trustee, wittiouC demand on Trustor, <br />shall sell the Property at public auction to the lughest bidder at the tiz�ne and place and under the tezms designated in the <br />notice of sale in one or more parcels and it�. any order Trustea determines. Trustee may postpone sale of all or any parcel <br />of the Properiy by public announcement at the time and place af any previously scheduled sale. Beinefioiary or its <br />designee may purchase the Proparty at any sale. Upnn receipt of paymex�t of the price bid, Truste� shall deliver to the <br />purchaser Trustee's deed conveying the Property. The recitals in the'I'xustee's deed shall be prima facie evidence of'the <br />truth pf the statements made therein. 'I'xustee shall apply the proceeds of the sale in the follpwing or,der: (a) to a11 <br />expenses af the sale, including, but not limited to, Trustaq's fees as pernutted by applicable law and reaso�iable attorney's <br />fees; (b) to all sums secuared by this Security Instrument; 0) to junior lienholders; and (d) any excess to the person or <br />persons legally entitled to it. <br />� 15. ASSIGNMENT OF RENI'S. As additiona] security, Trustar hereby assigns to Bene�ciary <br />the rents of the Property, provided that Trustor shall, prior to acceleration hereunder pr abandonmenc of thc Property, <br />have the right to collect and retain such rents as they become due and payable. Upan acceleration as provided herein <br />or abandonment pPthe Property, Beneficiary (in person, by agent or by judicially appoizxted receiver) shall be entitled <br />